"Green" Courts and the Intent of MoEF

Kalpana Sharma expresses concern over the nature of the proposed "Green" Courts and the lack of sincerity and transparency with which the Ministry of Environment and Forests (MoEF) is dealing with the exercise:

"...The substance of the proposed law should be in the public domain and ought to be debated by people beyond those in government before it is presented in Parliament. But none of this will happen if the MoEF has its way.

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The excuse being used to set up an environmental tribunal is that there are too many cases pending in courts. A Central tribunal in Delhi and regional ones, it is argued, will take the burden off the courts. The plan is based on the assumption that the groups presently taking matters to court will be satisfied with the civil remedies that the environmental tribunal will offer. What is not so well known is that apart from communities with grievances, proponents of projects can use the tribunals to clear their projects if they feel aggrieved that they have been denied permission on environmental grounds. The government would argue that such a set-up would obviate the need for specific committees as the tribunal could set up its own committees to look into specific projects.

On the surface, this appears reasonable. But people selected by the government will man the tribunals. When the majority of the cases that land up in court concern government policy and the perception of groups and communities that the government is violating its own laws, how can such tribunals be viewed as impartial?

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It is also significant that the Ministry wants to change the definition of the word "expert." It restricts it to people with certain educational qualifications as well as people with experience in administration. In other words, people with science and economics degrees will qualify as also retired bureaucrats but people with decades of experience in understanding and monitoring the environment and the inter-linkages between different aspects of the environment will be kept out. This appears a deliberate attempt to exclude the activists who have served with distinction on numerous "expert" committees over the last two decades and who have also been the ones asking uncomfortable questions."

Acquired Land is Property of the Government, Says the Supreme court

As the question of acquisition of land by the State comes into spotlight with protests in Singur and Nandigram among many other zones, the Supreme Court of India has affirmed an expanded the scope of the theory of eminent domain under which vests in State the power of acquiring land.

The Court said that once a piece of land has been duly acquired by the Government under the Land Acquisition Act, it becomes the sole property of the State. Critically, it held that even if the purpose of the acquisition no longer exists, the State can dispose of the same to anyone for the market value.

The Apex Court was hearing a matter relating to acquisition of land by Tamil Nadu Housing Board for construction of multi-storied apartments in Padi Village of Tamil Nadu's Ambattur Taluk in 1978. Even after passage of 21 years, the building project did not come up and the affected persons moved the State Government and later the Madras High Court demanding that the acquired land be handed back to them.

Arunachal Pradesh Assembly Asks for AFSPA Repeal

The Arunachal Pradesh State Assembly, acting on a private motion moved by Wangling Lowangdong, an Independent Member, has resolved that the State Government should take steps to approach the Centre for the repeal of the Armed Forces (Special Powers) Act from the State.

The original motion had pleaded for an immediate repeal of the Act by the State Government from the districts of Tirap and Changlang where the Act has been in vogue since September 1991. However, the Chief Minister said the Act promulgated by the Centre could not be lifted by the State and suggested that the State could approach the Centre for its repeal.

The House adopted the motion incorporating the suggestion of Chief Minister Gegong Apang and resolved that the State Government should take steps to approach the Centre for the removal of the anti-terror law.

Manipur Assembly Defeats Move to Repeal AFSPA

The Manipur State Assembly rejected, by voice vote on 19th March 2007, a private member`s resolution to urge the Union Government to repeal the draconian Armed Forces Special Powers Act, AFSPA 1958. The resolution was moved by MLAs Radhabinod Koijam of the NCP and RK Anand and I Ibohanbi of the MPP.

Nandigram Update

State Government Withdraws Police

CNN-IBN reports that the state government on Monday ordered the shifting of police camps from Nandigram. The shifting of police camps has already begun at Sonachura and Adhikarypara, the two trouble spots in Nandigram block-I, where the police had opened fire on March 14.

Arrested Persons Confess to CPI-M Links

Imran Ahmed Siddiqui reports in The Telegraph that the ten persons arrested by the Central Bureau of Investigation (CBI) have confessed that they were on a CPI-M mission and their telephone records reveal that they were in touch with top party functionaries:

"The Telegraph got access to a copy of their statements recorded by Khejuri police and submitted in the Contai fast-track court of the judicial magistrate, which today remanded them in police custody till March 22.

“We were brought a few days ago by the leaders of a political party to attack the villagers and occupy areas in Nandigram. The leaders provided us arms and ammunition and arranged for our stay in three rooms inside the brick kiln at Sher Khan Chowk,” said the statement of Manoranjan Maity alias Badal, 38, one of the 10 arrested yesterday.

While the statements do not name the “political party”, the inspector-general of police (western range), Arun Gupta, said: “They have told us they are CPM activists.”

Along with arms and ammunition, CPM flags and helmets of the kind worn by police were seized from the hideout, triggering suspicion that the men had donned uniforms and joined security forces on the day of the firing. Cellphones found on them showed they were in touch with senior CPM leaders, sources said."

Protesters Allege Rape by Security Forces

Two women have filed a formal complaint with police alleging that some of its personnel raped them during the Nandigram violence last week. The two women, who are under treatment at the Tamluk hospital presently, have recorded their statement before a police officer. The victims, both housewives aged 27 years and 25 years, alleged that some police personnel cornered them during the melee after the firing at Sonachura village on March 14 and raped them. (Source: DNA)

Army Agrees to Inquiry Into Rape: Stir Suspended

Army Authorities have agreed to a time bound "staff enquiry" into the alleged rape of an eighteen year old girl by an Assam Rifles Jawan at Kotlien, Manipur. Consequently, the proposed 24 hour Manipur Bandh has been called off.

The Imphal Free Press reports:

"An understanding was reached during a trilateral talk between the state government led by state chief secretary and DGP, inspector general of Assam Rifles (South) and representatives of the three tribal students` bodies, the All Tribal Students` Union Manipur, ATSUM, Kuki Students` organization, KSO and All Naga Students Association, Manipur, a statement issued by KSO said Sunday.Several officials of both police and army also participated in the talks which was held at the chief minister`s bungalow today.

During the talk an understanding was reached to institute staff enquiry alongside police investigation within a period of 15 days from today, the statement stated.

"Bearing on the line of the understanding, the proposed agitation stands temporarily suspended, in order to swiften the passage of law for evolving justice for one and all," the organizations stated"

UNLF and Burmese Army Accused of Abducting 400 Kuki Villagers

Eminent Kuki community organizations like the Kuki Inpi (apex body of the tribe), Kuki Movement for Human Rights and Kuki Chiefs Asscoation have accused the United Nation Liberation Front (UNLF) and the Burma's State Peace and Development Council (SPDC) cadres of forcibly abducting around 400 Kuki villagers from Laijang Kuki Village, Chandel District on March 12, 2007.

Kuki Inpi Manipur has also submitted a representation to the President and the Prime Minister of India as well as to the Chief Minister urging for intervention and rescue of the abducted villagers.

Kuki Women Union and Human Rights, Moreh, Kuki Students' Organisation, Moreh and HTC, Moreh have also lodged complaint with the chairman of District Peace and Development Council, Tamu, Myanmar in this regard.

UNLF has issued a statement officially denying these reports and have termed them, 'malicious propaganda' instigated at the behest of Indian intelligence.

Kuki groups have, however, stood by their accusations and have asserted that they have proof to substantiate their charges. The Kuki Student Organization (KSO) has clarified that it does not intend to tarnish the name of any militant group and its efforts are solely directed at urging the Government of India to ensure the safety of the abducted villagers.

Brute Justice: Perils of Summary Execution by Non-State Actors

The summary execution of a drug addict who had murdered a child by the separatist People's Liberation Army (PLA) is a disturbing indication of internalisation of violence in Manipur, states Imphal Free Press in this editorial titled Brutal Justice:

"In an academic sense, it is also interesting to note how distinctly calibrated violence is on everybody’s moral scale. Hence, the violence involved in the murder of the child was obnoxious, but the execution of the murderer was justice. It is as if our society is in such a passionate state of confused emotions, induced by the violence all around for so many decades, that often the only safety valve its unfortunate denizens are privileged to, is to scream blood and vengeance every now and then.

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We will reserve the third cheer till such a time as the justice delivery mechanism, be it those of the underground or overground governent, abandons all arbitrary elements and becomes an edified institution built by the collective wisdom of the people through refined and democratic means. Shouldn’t we recall that one of the strongest objections against the Armed Forces Special Powers Act, for instance, was on the ground that it departs from institution and strays into the arbitrary domain, and the dangers thereof?The episode also perhaps tells another familiar story – the breakdown of institutions in the establishment. For whatever the reason the kind of catharsis witnessed after justice was meted out to the child murderer has come to be far beyond the scope of the establishment. The erosion of the moral authority of the establishment over its subjects is near total, and there are today very few who still fully believe that the establishment, rather those in charge of it, are capable of doing any good, leave aside deliver justice."

Jawan Rapes a Teenager in Manipur and Fellow Soldiers Attack Scribes and Protesters

The Statesman reports that an 18-year-old girl was allegedly raped by an Assam Rifles jawan at Kotlien in Manipur’s Senapati district. The report stated that the jawan from the 38th Battalion, identified as Namthoi, also allegedly attempted to kill the victim after committing the crime on 13 March but was caught by residents of nearby Tikoram Beitu village. It was also reported that scribes were prevented by jawans to cover protest rallies of the incident.

Therefore, the All Manipur Working Journalists’ Union (AMWJU) has decided to cease work and boycott all Assam Rifles and Army coverage till appropriate action was taken against the accused jawan.

According to the union, at least two journalists were assaulted by the jawans when they went to the protest rallies convened by the villagers of Veitum Khullen near the Kotlien 38 AR post. Four reporters were later herded into the post which is located about 30 kms from Imphal and were detained till an AMWJU team with Col. Rajesh Misra PRO Defence came and released them. In the post, they were repeatedly asked to delete the photographs taken on the mob dispersal.

The report also says that after the Assam Rifles refused to hand over the accused to the protesting villagers, the villagers attacked the post forcing the jawans to retaliate. In the AR crackdown several women and villagers were injured some of them seriously.

Naxalites Go an a Rampage

In one of the deadliest attacks of recent times, fifty-four persons, including 15 personnel of the Chhattisgarh Armed Force and tribal youths of the "people's militia", Salwa Judum designated as Special Police Officers (SPOs) were killed in an offensive by 300 to 350 CPI (Maoist) cadres on a police base camp in the Bastar region in the early hours of Thursday.

According to reports, the Maoist cadres also captured a large stockpile of weapons from the camp during the attack. This is the latest in a series of attacks wherein the Maoist extremists have specifically and brutally targetted members of the "people's militia", Salwa Judum.

Bastar Seething Over a TATA Plant

Yet another story of repression of people by a state-corporate nexus unfolds as another Tata venture has got grounded with fierce opposition from local mass movements and state repression. The situation in Bastar, the site of a proposed TATA Steel plant, has reached a critical stage, with clashes having taken place on 27 and 28 February as the local administration has been accused of intimidating the villagers into consenting to acquisition of land for the steel plant. The steel plant is planned on an area of more than 2,000 hectares of tribal land, spread over 10 villages in Lohandiguda block, near the Chitrakot waterfall on Indravati river.

The agreement for the plant was signed between the Chhattisgarh Govt & Tata in June2005 - precisely the month when Salwa Judum, labelled a "people's movement against the Naxalites"but actually a police sponsored terror militia forcing the evacuation of one tribal village after another with refugees pressurized to join it, was formed.

On 27 February, the police arrested a number of tribal leaders who have been opposing the project and they were pelted with stones. The next day, a leading non-tribal activist who had come to support the people was hounded out of Bastar. He was slapped in front of the hotel manager where he had stayed in Jagdalpur. The hotel manager was warned that the hotel would be burnt if he put him up again, and all hotel owners in he town were told not to accept any guests who may be opposing Tata.

Subsequently on March 1st, the Collector of Dantewara District called a meeting of all the political parties (except CPI who are siding with the tribals), journalists, and business leaders and reiterated the message that opposition to the Tata project will not be tolerated.

CPI-M Terror in Nandigram: An Update

The Communist Party of India (Marxist) led Government in the State of West Bengal unleashed a bloodbath on the protesting farmers of Nandigram Block near the port of Haldia with its police force and party workers.

On 14th March 2007, a 5000 strong contingent of police personnel assisted by more than thousands of CPI-(M) party workers attacked the farmers who had been protesting against the acquisition of their land for the controversial Special Economic Zone. Cadres of CPI-(M) blocked entry into the conflict zone and journalists were prevented from reaching the scene of the massacre.

While the media reports say that 14 farmers were killed and many injured, the latest statements of the farmers indicate much higher losses - with hundreds of protesters missing and not included in the list of dead or the injured. Some survivors have even alleged that CPI-(M) cadres went inside the homes of the farmers and butchered children and raped women.

The Calcutta High Court called the firing as “wholly indefensible” and “wholly unconstitutional” and ordered the CBI to conduct a probe and report to it.

The Asian Age reports that a large number of students are missing from the villages:

"The question now comes from the 40 anguished mothers whose children failed to return home after the firing on Wednesday. Sources revealed that all the 40 children, aged between four and nine, were students of Ramakrishna Sarla KG School, a morning school in Sonachura.
Headmaster of the school Debasish Pradhan informed that the nearly 240 students who study in the school were asked to go home earlier than the usual time. "Sensing trouble, I had asked for classes to be called off around 6.30 am. I don’t know where they went. I have heard that they have gone missing," said Mr Pradhan.

"There are complaints of several children missing... We have come across reports from the field that many children have been torn apart, some have been slaughtered... However, not a single body had been recovered," Contai MLA Subhendu Adhikari of the Trinamul claimed."

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